I. Acceptance of Terms
Visible One is a Digital Marketing company in Singapore with its recent expansion in Hong Kong, established and owned by Ephraim Marketing Pte Ltd. These Terms and Conditions governs your use of our website (www.visibleone.com); by accessing or using this website, you signify your agreement to these terms and conditions.
If you do not agree with these terms and conditions or any part of these terms and conditions, you must not use this website.
We will make all endeavors to register the clients chosen domain name. However, we make no guarantees that the domain name is capable of registration by or on behalf of the Client or that it will be registered in the Client’sname. Once the domain name has been registered, we will send notification to the Client. Any action taken by the Client, before such notification is received by the Client, is at the Client’s risk.
Web Design and Development
a. The website design may be used on one domain name only. The client is not permitted to use a design for more than one website without prior written agreement from Visible One.
b. Visible One shall endeavor all websites to function across all different operating systems such as Internet Explorer, Mozilla Firefox and Google Chrome.
c. The client agrees that all websites will be hosted by Visible One unless otherwise agreed in the contract.
d. The client agrees that no liability will be attributable to Visible One in the event of website downtime or the inability to operate the web pages or website.
e. Should the client supply material to Visible One believing it to be copyright and royalty free, which subsequently emerges to have copyright and royalty
limitations, the client agrees to permit Visible One to remove and/or replace the file at the client’s expense to be assessed on a quantum merit basis.
Search Engine Marketing
a. Visible One undertakes to provide a Search Engine Marketing Services for the client in accordance with the Statement of Work using reasonable skill
b. Due to external factors, we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Hosting, Support and Maintenance
Once your site is on live with your domain, a three-month support and maintenance is included free of charge with all website design packages. Any
website containing creative or functional input by Visible One shall be hosted, maintained and supported by Visible One.
We will carry out corrections and provide the client with support and maintenance services where reasonably possible and within reasonable timescales in the
event there are problems, faults and/or errors with regard to the client’s website. Any additional work after the three-month support and maintenance is then charged at the prevailing support cost.
A 40% deposit is required before we proceed with the service availed. Upon completion of the project and if approved, the remaining 60% shall become due. We reserve the right not to begin with any work until the deposit has been paid in full. If the project has been started, the contract cannot be cancelled and the deposit is not.
For web design, once you have paid us in full for our work, we grant you the authorization to use the website and its related software and contents for the life of the website.
IV. Requirements from Client
You are required to fill out our forms to supply all materials, content and information needed for us to complete the project in accordance with any agreed specification. Where there is any delay in providing these information to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines.
Visible One is not responsible for any errors displayed of the content provided by client that is being used in the project.
V. Approval of Work
Upon completion of the project, you will be notified and have the opportunity to review it. You must notify us through a message or email of any unsatisfactory points within 3 days. If we don’t receive any update within the 3-day review period, the project completed will be considered approved.
If you reject any of our work within the 3-day review period, we are pleased to offer you the opportunity to make revisions to the design or unsatisfactory points of the project.
Any amendments to the must be sent to Visible One by the client in writing by e-mail. Visible One will assess the amendments required and discuss with the
client the amended project details. Visible One reserves the right to charge for any additional work after the three-month free support and maintenance, and will provide the client with an additional quotation as part of the amended specification. Visible One also reserve the right to request payment for amendments to the original specification before continuing work.
Visible One warrants that it shall perform the services with reasonable care and skill. Visible One warrants that the website will perform substantially in accordance with the project details for a period of three months from the date of launch of the website. During the warranty period, if the website does not perform in accordance with the site specification, Visible One shall, for no additional charge, carry out such work that is necessary to ensure that the site substantially conforms with the site specification.
VIII. Intellectual Property Rights
All Intellectual Property Rights in the Website (including in the content of the Website and the Website Software), but excluding any client Content, shall be the property of Visible One and may be reused by us on a royalty-free and irrevocable basis. The Supplier hereby grants the Customer a royalty free, non-exclusive license of such Intellectual Property Rights for the purpose of operating the Website for its internal business purposes only.
You agree to indemnify and keep indemnified and hold Visible One on demand harmless from and against any claim brought against any liability, damage, expense, claim or cost (including legal costs and expenses) suffered by Visible One as a result of the client’s breach of any clause of this Terms and Conditions and in respect of all losses, costs, damages, expenses due to any failure to carry out services within a given delivery timescale. This does not affect your statutory rights as a consumer.
X. Limitation of Liability
We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the services supplied under any agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Visible One shall not have any liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for indirect loss of on or in connection with the provision of the services shall be limited to the charges paid by the client in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within three months of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
The client may request in writing to cancel a project. Visible One will only accept this request for termination if work on the project has not yet begun. If work has already begun on the project, we will invoice the client for the work carried out.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
XIII. Governing Law
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) are governed by and construed in accordance with the laws of Singapore.
Should you have further questions about these Terms and Conditions, please contact us.